Family

Issues

Stage Details

Legislation -
Bill Sent To Committee
(House)
-
May 15, 2008

Legislation -
Bill Passed
(Senate)
(26-7) -
April 3, 2008(Key vote)

Title: Restrictions on Undocumented Immigrants

Vote Result

Yea Votes

Nay Votes

Vote Smart's Synopsis:

Vote to pass a bill that sets penalties for hiring undocumented immigrants, prevents undocumented immigrants from being issued drivers' licenses, and adds further restrictions regarding public education and benefits.

Highlights:

Prohibits municipalities from adopting policies that give sanctuary to undocumented immigrants and makes those municipalities that adopt such policies ineligible for state grants [67.307 (2)].

Allows law enforcement officers who have probable cause to believe that any arrested person is not legally in the United States to report that person to the U.S. Citizenship and Immigration Service [67.307 (3)].

Provides that a person believed to be illegally present in the United States and arrested for a suspected act of domestic violence cannot be reported to the U.S. Citizenship and Immigration Service until that person pleads or is found guilty of domestic violence [67.307 (5)].

Prohibits undocumented immigrants from attending public universities, except those born on or before August 28, 2008 that have completed three semesters in a Missouri high school immediately before applying to the university [172.360 (1), 174.130 (1), 175.025 (1), 178.635 (3), 178.780 (2)(7)].

Provides that undocumented immigrants are ineligible for any state or local public benefits, such as grants, welfare assistance, or licenses, except for those benefits required to be offered under federal law [208.009 (1-2)].

Requires applicants for public benefits to provide proof of citizenship, permanent residency, or legal presence in the United States [208.009 (3)].

Allows applicants for public benefits who are unable to provide such proof to sign an affidavit attesting to citizenship or permanent residency and to receive temporary benefits until their status is determined [208.009 (4)].

Provides that employers who intentionally fail to submit information on employees to the Department of Revenue on five or more occasions are guilty of a class A misdemeanor, punishable by a fine of not more than $100 for each time on or after the fifth incident [285.309 (2)].

Provides that if a failure to submit information on employees to the Department of Revenue is the result of a conspiracy between the employer and the employee, the fine will be $1,000 per incident [285.309 (2)].

Provides that an employer who knowingly misclassifies a worker may be fined up to $50 per day per misclassified worker, up to a maximum of $50,000. For repeat offenders, penalties are increased to $100 per day per misclassified worker, up to a maximum of $100,000 [285.515 (1-2)].

Uses money collected from these fines to establish the Missouri Worker Protection Fund, which will be used to enforce employment restrictions (285.518).

Requires businesses entering into contracts or over $5,000 with the state or any political subdivision to participate in a federal work authorization program and sign an affidavit affirming that it does not knowingly hire undocumented immigrants [285.530 (2)].

Provides that a business that knowingly hires undocumented immigrants may have its license suspended for six months. Licenses will be reinstated only after the business terminates the employment of any undocumented immigrants, signs an affidavit affirming that the violation has ended, and enrolls in a federal work authorization program [285.535 (5)(b) & (6)].

Provides that if a business contracting with the state knowingly hires undocumented immigrants the contract will be terminated and the business will be prohibited from contracting with the state for three years. Subsequent violations will result in a permanent bar from contracting with the state [285.535 (9)(1-2)].

Requires contractors working on public projects to provide a 10-hour Occupational Safety and Health Administration (OSHA) construction safety program for their on-site employees. All on-site employees must complete the course within 16 days of beginning work on the project [292.675 (2)].

Provides that contractors who fail to comply with the OSHA training standards will forfeit $2,500 plus $100 per worker for each day the worker is employed without training [292.675 (4)].

Prohibits the Department of Revenue from issuing driver's licenses to undocumented immigrants or any person unable to prove his or her lawful presence in the United States (302.063).

Declares that the state of Missouri will not extend full faith and credit to out-of-state driver's licenses issued to undocumented immigrants (302.063).

Provides that if a judge has reason to believe a person pending trial is unlawfully present in the United States, that person will be jailed until he or she provides verification of his or her lawful presence [544.470 (2)].

Prohibits the transportation or harboring of undocumented immigrants and makes violations of this provision a felony punishable by a fine of at least $1,000 or imprisonment for at least one year, or both [577.722 (1-3)].

States that individuals are not liable for transporting an undocumented immigrant to a medical facility, soup kitchen, counseling facility, or abuse shelter [577.722 (4)].

Prohibits any state agency, official, or political subdivision from interfering with communications with the federal government regarding the citizenship or immigration status of any individual [650.681 (1)].

NOTE: THIS IS A SUBSTITUTE BILL, MEANING THE LANGUAGE OF THE ORIGINAL BILL HAS BEEN REPLACED. THE DEGREE TO WHICH THE SUBSTITUTE BILL TEXT DIFFERS FROM THE PREVIOUS VERSION OF THE TEXT CAN VARY GREATLY.